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(영문) 울산지방법원 2016.05.18 2016고단415

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 23, 2016, the Defendant, around 22:00, administered meconium C in Yangsan-si, in a manner that, within 402, approximately 0.05g of a single-use injection instrument, meconium C, a primary mental medicine, in a single-use injection instrument containing approximately 0.05g of a single-use injection instrument, and then put in injection into the meconium after dilution.

2. On February 18, 2016, the Defendant administered approximately 0.05g philophones at the same place as the above 1. Paragraph (1) at the same time as the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes of narcotics appraisal statement (netly 30);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. 추징 마약류 관리에 관한 법률 제 67조 단서 [ 양형이 유] 양형기준 : 징역 10월 ~ 3년 ☞ 투약 기본영역 (3 년 이내 집행유예 이상 동종 전과, 중요한 수사 협조 )으로, 다수범죄처리기준 적용 마약의 해악, 피고인이 동종 집행유예기간 피고인은 2015. 11. 19. 부산지방법원에서 마약류 관리에 관한 법률위반( 향 정) 죄로 징역 1년에 집행유예 2년을 선고 받아 그 무렵 확정되었다.

In full view of the fact that the Defendant committed the instant crime, etc., the sentence shall be selected as ordered within the sentencing criteria in consideration of the fact that the Defendant has no record of punishment for the same kind of crime in addition to the judgment of the suspended execution, cooperation in the investigation of the upper line, and other circumstances, such as the background of the crime and the attitude of reflect on the record and pleading, etc.